Originally Posted by
Badenoch
<snip> It's quite unlikely they would forcibly keep me on the vessel.
I would assume there is a CBSA facility at Halifax or at least an office I could contact. I'm not looking to circumvent immigration and customs. If "not available" is that really my problem? Canadian passenger gets off cruise boat and goes home. Is it possible to be an illegal immigrant in your own country? It's an intriguing question.
It's not that simple.
Canadian law does guarantee the right of Canadian citizens to enter Canada --
but only "in accordance with this Act" and after examination of citizenship. (
Immigration and Refugee Protection Act [IRP Act] section 19(1)).
The IRP Act also states that, with highly limited exceptions, "every person seeking to enter Canada
must appear for an examination" as to their right to enter. (
IRP Act section 18(1)).
The Customs Act likewise states that, with highly limited exceptions, "every person arriving in Canada shall ... enter Canada only at a customs office designated for that purpose that is
open for business and without delay present himself or herself to an officer and answer truthfully any questions" (
Customs Act section 11(1)). The law places the onus on the person seeking to enter to find an open customs office -- not on the customs office to remain open.
For a person arriving on a cruise ship, these mandates are reinforced by the power the law gives to the cruise operator. The Customs Act instructs them that, with highly limited exceptions, "every person in charge of a conveyance arriving in Canada shall ... ensure that the passengers and crew are forthwith on arrival in Canada transported to a customs office referred to in subsection (1)." (
Customs Act section 11(3)).
While the
CBSA Halifax Marine office hours are officially 8 am to 12 midnight daily, the office may be unstaffed and closed when they are not on notice that a cruise ship will be fully disembarking one or more passengers.
cc: @
JumboJet, @
Randyk47, @
trooper